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The Top Ten Family Issues for 2020 By Keith A. Argow

THE TOP TEN FAMILY FORESTRY ISSUES FOR 2020 The Top Five Concerns, and the Top Five Priorities Since 1986 NWOA has ranked the top ten family forestry issues with and annual vote by the leaders of NWOA state affiliates—the Alliance of Landowner Associations. Analysis of the responses for 2020 revealed that the Top Ten Forestry Issues are best described as the Top Five Concerns and the Top Five Priorities for family forestry in the U.S. This is apparent when the rankings are compared by the four zones: Northern, Eastern, Western and Southern (see page 14). For example, is not a high ranking concern in the eastern and norther zones, it is clearly a national priority, ranking #2 behind Extension and Service Forestry. As expected, access to markets continued to be the #1 concern followed by . A second change this year is the addition to two “free agent” issues to the ballot: and Certification, to provide consideration of emerging issues. Certification replaced , while Climate Change did not make the final cut.

The Top Five Concerns for 2020 effectively with the Hardwood Export Council to keep CONCERN #1 MARKETS: TIMBER, the hardwood trade issue before the Administration’s & INDUSTRY VIABILITY negotiators, and to focus the attention of key members of Congress to resolve the issue and reduce or elimi- nate the many new tariffs instigated in the prolonged NWOA Objectives: dispute. d Recognize and support new markets and protect existing markets for forest products Outlook for 2020*: d Support industry viability and training for forestry Worldwide disputes in trade pose serious concerns well workers and truck drivers beyond markets for timber and products. There d Monitor performance of the US-Canada Softwood is widespread agreement that fair trade with minimum Agreement (SLA) and the United States- subsidies, no product dumping, and improved security Mexico-Canada Agreement (USMCA) are essential for all US growers and manufacturers of d Expand biomass markets for low quality timber. wood products. For this reason, NWOA has a strong interest in the health of the American forest industry. To Results in 2019: be competitive wood product mills need some forms After years of acrimonious debate, the US-Canadian of commitment of a dependable wood supply chain Softwood Lumber Agreement and the United States- to justify the investment needed to construct and Mexico-Canada Agreement (USMCA) were approved manage efficient mills. by all three nations to help restore some semblance of trade with these important wood products market *The advent of the COVID-19 pandemic in 2020, and resulting market disruptions, will have additional partners. The trade war with China resulted in a worse consequences for the global trade in wood products. than feared decline in international trade of timber and Recovery efforts, if well-planned and applied, should wood products, with significant financial harm to the encourage a return of viable markets for forest prod- hardwood industry in the eastern states. The Hardwood ucts. From toilet paper to lumber, wood is an essential Federation, of which NWOA is a member, worked staple worldwide.

NATIONAL WOODLANDS | Spring 2020 9 CONCERN #2 INVASIVE SPECIES AND Results in 2019: FOREST HEALTH Taxes on timber, estate and real estate have been a top concern since the NWOA Family Forestry Issues Top NWOA Objectives: 10 was first introduced in 1986. After years of effort d Encourage research, technology transfer, and by the forestry community, federal tax laws in 2019 education programs to enable landowners to were favorable including capital gains tax rates for recognize and control invasive species timber, recognition of forestry expensing, maintenance d Report latest information in National Woodlands of the stepped up cost basis at time of death, and magazine by focusing on problems found in each elimination of inheritance taxes for all but the largest of the four forest NWOA regions according to each estates. In 2019 several state legislatures attempted, quarterly issue by various means, to increase property tax rates. d Maintain current cost share programs designed to All were defeated, or continued to next year, most control invasive species often because of intervention by the state landowner d Support new Extension Education programs to help association. landowners recognize and remove invasive species d NWOA will continue its support for the Coalition Outlook for 2020: Against Forest Pests (CAFP), an organization The first two taxes, timber and estate, are federal providing reliable information to members of issues and some states also tax both. States usually Congress and others about imported forest pests and restoration of healthy forest ecosystems. take their information from federal income tax returns. Only one federal tax proposal so far in 2020 would Results in 2019: negatively affect current funding for landowner assis- tance. It is being monitored. The invasion of harmful plant and species continued in 2019. New identification and control efforts by - CONCERN #4 THE RIGHT-TO-PRACTICE owners help slow invasives, but the threat continues, FORESTRY & REGULATORY CREEP compounded by drought stress and urbanization. NWOA Objectives: Outlook for 2020: d Watch for any new federal legislation and Invasive Species is the #2 Concern of woodland owners regulations that might negatively impact property because these organism will continue to change the rights nature and productivity of woodlands. Most recently d Encourage every state landowner association to the emerald ash borer (EAB) has virtually eliminated enact comprehensive right-to-practice forestry white and green ash throughout most of the U.S. laws, and monitor them for any new actions that and is now found in Canada. The European gypsy might weaken them moth, Asian gypsy moth and the newest marauder, the d Urge state associations to be alert for regulatory spotted lantern fly will continue to be very destructive creep involving state and county management to eastern and northern hardwood . Programs regulations. Examples: reduced weight limits on bridges, time of day work restrictions, and objection to address these pests as well as control of oak to specific forestry practices including dieback, strategies against bark beetle infestations, and others. and the impacts of hemlock woolly adelgid will need to continue or expand. Results in 2019: CONCERN #3 INCOME, ESTATE & In 2019 NWOA’s signature Outstanding Forestry Law of PROPERTY TAXES the Year Award went to the Washington state Working Forests Clarification Act of 2019 (HB 1011). The legis- NWOA Objectives: lation required that all future real estate disclosure documents involving sale of land disclose the pres- d Continue National Woodlands magazine’s coverage ence of any nearby property classified as a working of the federal tax code and states that provide important tax benefits to woodland owners. forest and subject to the provision of the Washington State’s Right to Farm Act, which includes forestry. The d Keep a watchful eye in Washington, D.C. to maintain them current tax advantages on which purpose of the law was to provide non-forest land- forest landowners depend owners who move into rural woodland areas with d Continue to encourage woodland owners information on the forest practices that will take place individually and within state associations to monitor around them. The bill passed both the House and the state and local tax proposals, and advocate for Senate unanimously, and was readily signed by the favorable use property tax rates. Washington governor.

10 NATIONAL WOODLANDS | Spring 2020 into disconnected units), and loss of wildlife corridors continue. A state-based example of planned action to maintaining forests amid changes was the crafting and passage of the Washington State Working Forests Clarification Act signed into law on April 8, 2019. Outlook for 2020 Keeping Forests as Forests is a broad concept that documents land parcelization (dividing up larger tracts into smaller lots), fragmentation (effect of breaking forest cover into disconnected units), and main- taining wildlife corridors. Also involved is quality Outlook for 2020: and supply, maintaining a wood source for mills, and With urban sprawl and rural area development, it issues. Family woodland owners are involved because is important that every state have an existing right- they own nearly half of the private woodlands in the to-practice forestry law containing a clearly defined U.S. When woodland owners participate in one or working forest clarification and definitions section. more forest practice certification programs and take The objective of these laws is to discourage lawsuits advantage of conservation easements they show their brought by neighboring property owners objecting to commitment to keeping forests as forests. forest practices. It will also eliminate, or at least reduce, The Top Five Priorities for 2020 the expense to the woodland owner of defending such lawsuits in court. PRIORITY #1 EXTENSION EDUCATION & SERVICE FORESTRY CONCERN #5 KEEPING FORESTS AS FORESTS NWOA Objectives: d Encourage closer connections among Cooperative NWOA Objectives: Extension forestry and natural programs, d Continue endorsement of the concept of keeping and the county, state and regional landowner forests as forests (defined by the USDA Forest associations, both of which should be part of a Service in 2014) woodland owner’s management team d Promote awareness of the benefits to society d Likewise with state-based service and including clean water, timber supply, habitat for agencies which provide assistance services, wildlife, natural beauty, and other ecosystem education, and incentive programs services d Work with Congress to support federal d Promote the use of landscape-scale management appropriations for the Renewable planning by woodland owners and managers Extension Act (RREA) and the Forest Stewardship Program with its direct link to service forestry d Foster a working forest land base to ensure a funding continuous source of wood for forest products mills d Collaborate with the national associations within d Keep woodland owners updated on certified the forestry network in Washington D.C. to provide forestry programs for those who wish to participate additional support (learn more on page 16 of this in them magazine) d Encourage the use of professional foresters when d Encourage state associations to partner with preparing management plans and timber sales forestry school deans (NAUFRP.org) and state forestry agencies (stateforesters.org) in promoting d Support accredited logger training and safety service forestry, wildfire, cost share, and forestry programs. inventory d Work with the Natural Resources Conservation Results in 2019: Service, the Farm Service Agency, and the National Recognition of the concept and importance of keeping Association of Conservation Districts to provide forests as forests continues to grow was covered in access to conservation and cost share programs. the 2019 Top Ten. NWOA introduced the concept to our readers back in 2009. Since then the negative Results in 2019: consequences of the conversion of forestland through The annual budgets for several state forestry agencies parcelization (dividing up larger tracts into smaller declined in 2019, others remained steady and some lots), fragmentation (effect of breaking forest cover grew. Some of those states in decline were reduced

NATIONAL WOODLANDS | Spring 2020 11 to pre-1999 levels. While many state forestry roles are mandated by law, others are discretionary. Service forestry programs continued, but with fewer foresters having to cover additional counties, as budgets are squeezed. Extension forestry programs with line federal funding (RREA) remain active and some have seen positions filled which had been left open following retirements or transfers. Outlook for 2020: Both Extension education and service forestry are highly regarded and used by family woodland owners. At the national level, NWOA endorses the annual requests submitted by the National Association of State Foresters (NASF), along with the full federal Extension education funding requested by the 80-member National Association of University Forest Resources Programs (NAUFRP). While landowners are finding it more difficult to schedule a visit from a service , or Extension foresters, the commitment to continue these programs will continue, especially if the leaders get good reports from landowners receiving them. PRIORITY #2 WILDFIRE MANAGEMENT & SUPPORTIVE FUNDING

NWOA Objectives: d Continue to educate and raise awareness of overstocked forests, development within the wildland urban interface (WUI), use of prescribed fire, application of Fire Wise program strategies, and the correlation between forest health and fuels Outlook for 2020: d Promote strategies that lead to the earliest possible detection followed by prompt and successful initial Wildfire conditions will be challenging in 2020. Weak fire incident attack links continue including the lack of volunteers and staff in the rural fire districts. Within the wildland urban inter- d Increase training and involvement of rural fire protection districts, TREX wildfire training face these positions are often filled by urban volun- programs, and use of the InciWeb, the interagency teers wanting to make a contribution to conservation. all-risk incident information management system Drought stress, invasive species, and increasing urban- d Partner with state forestry agencies to help ization will all contribute to the potential for . woodland owners implement the all principles of wildfire prevention PRIORITY #3 STEWARDSHIP d NWOA will urge state landowner associations to INCENTIVES: COST SHARING & be involved at the county and local level to provide TAX CREDITS quick and successful response to wildfires. NWOA Objectives: Results in 2019: d Educate woodland owners about current and new In the U.S the extensive wildfires of 2018, espe- cost sharing and incentive programs including cially the Paradise Fire in California, demonstrated those that lead to increased public benefits including , timber jobs, and control of the dangerous potential for wildfires to the world. As invasive species a result improved federal and state appropriations for fuel reduction, additional staffing and new equipment d Support the use of conservation tax credits authorized the enhanced federal tax incentive were funded. Much of this new activity is happening for conservation easement donations in the 2015 at the rural fire district level, the source of most of the (keeping family woodlands intact by donating the initial response for the benefit of woodland owners. development rights and reduce property taxes).

12 NATIONAL WOODLANDS | Spring 2020 Results in 2019: Results in 2019: Congress continued to fund cost share programs The significant decision in 2017 by U.S. Supreme Court authorized in the Farm Bill. These important federal to uphold the silvicultural exemptions in the Clean tax credits for conservation easements continued to Water Act, has slowed, but not deterred allegations of be available and can be spread out over several years. from roads. On February 14, 2019 the EPA and the U.S. Army Corps of Engineers Outlook for 2020: issued their proposed revision to the 2015 definition Since the enactment of the 2015 tax incentives for of the of the United States (WOTUS). The new land conservation, tax schemes known as “syndi- definition significantly reduces the amount of streams cated conservation easements” are being marketed and wetlands under federal jurisdiction. Following a that declare overvalued and questionable tax bene- public review period, EPA and the Corps of Engineers fits. NWOA is a member of the Land Trust Alliance published a final rule October 22 repealing the 2015 (landtrustalliance.org) that has called attention to and is definition. On December 23 the revised WOTUS rules monitoring these abuses. The use of legitimate conser- went into effect. vation credits in planning family woodland estate plan- ning is recommended. Outlook for 2020: PRIORITY #4 WATER QUALITY & In January the Corps of Engineers finalized the Navigable Waters Protection Rule. The definition is QUANTITY streamlined so that it: 1) includes four simple catego- ries of jurisdictional waters, 2) provides clear exclu- NWOA Objectives: sions for many water features that tradition have not d Encourage state and federal agencies to been regulated, and 3) defines terms in regulatory text provide incentives to facilitate good watershed management that have never been defined before. This narrows and further defines the options that litigators have when d Support 95% voluntary compliance with best challenging WOTUS. As the cost of treating potable management practices associated with logging and road building water increases in most parts of America, premiums paid for clean and sustainably sourced water may d Identify emerging markets and incentives to produce clean water appear. Woodland owners will play an indirect role, but a critical one, as their woodlands both filter and management water quality.

NATIONAL WOODLANDS | Spring 2020 13 PRIORITY #5 CERTIFYING FORESTS, relating to influences of ports, tariffs and mills. There FORESTERS, AND LOGGERS are still significant variations of acceptance of the certi- fication source depending upon the contract. NWOA Objectives: Outlook for 2020: d Work with American , Sustainable Look for improved markets for , partic- Forestry Initiative (SFI), and Forest Stewardship Council (FSC) as reliable third party forest practices ularly in world trade. Consulting and public foresters certifiers in the U.S. are certified by several programs, each which operates d Advocate for improved standards and adherence independently. Expect to see more chain of custody by forestry and natural resources professional requirements through the three major wood certifica- certification programs: Society of American tions programs listed in the first bullet point above. Forester’s Certified Forester (CF), and Association of Consulting Foresters (ACF) where members A Few Final Words of Thanks attend the Professional Forestry Institute (PFI) In summary, the results for 2020 show just how stable d Support efforts to provide states license or our family forest owners are in their management and registration of professional foresters opinions. It is just another characteristic that makes d Support training of loggers beyond simple safety woodland owners so important to the economic, programs to include water quality BMPs, ethics, cultural and social pillars of sustainable forestry and and chain of custody for certifying wood. the backbone of our country. I would like to take this opportunity to thank all of the leaders of the NWOA Results in 2019: Affiliate organizations throughout the U.S. for their Although the cost to the landowner of forest certi- contribution to the ranking survey again this year. We fication was originally opined to be offset by higher couldn’t do it without you! stumpage prices, that rarely happened. Better market access for certified wood waxed and waned, often Dr. Keith A. Argow, President NWOA

The Top ten Family Forestry Issues in the U. S. as Ranked* By Each NWOA Region

North East South West National Average Top Concerns: 2020 2019 Access to Markets 8 2 4 2 1 1 Invasive Species 2 1 7 3 2 3 Taxes 6 3 1 4 3 4 Property Rights 1 6 3 5 4 5 Keeping Forests as Forests 5 4 2 7 5 7 Top Priorities: Extension and Service Forestry 7 9 6 9 6 2 Wildfire Funding & Management — — 5 1 7 9 Cost & Tax Incentives 4 7 10 8 8 6 Water Quality 9 8 8 6 9 8 Certification: Forest, Forester & Logger 3 10 9 10 10 — (Wildlife) — (5)** — — — 10 (Climate Change) (10)** — — — — —

*The lower the score, the closer the topics are to being the highest rank possible. **The Northern region ranked Climate Change ahead of Wildfire. The Eastern region ranked Wildlife higher than Wildfire.

14 NATIONAL WOODLANDS | Spring 2020